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Home›Trustee›Baughman administrators brace for legal battle with Wayne County auditor

Baughman administrators brace for legal battle with Wayne County auditor

By Terrie Graves
October 12, 2022
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BAUGHMAN TWP. − Baughman Township administrators voted 2-1 on a resolution to challenge the amount of money the Wayne County Auditor determined the East Wayne Fire District owed the township after it was removed from the district .

The decision was made at a special meeting on Monday.

The council will take legal action against the Wayne County Auditor and the East Wayne Joint Fire District “to obtain funds to which the township is entitled,” the resolution says.

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Directors Mike Geiser and Jeff Kaufman voted for the resolution while Director Bob Graber voted against.

These funds are determined by the auditor when a township opts out of a fire district, in accordance with Ohio law.

Baughman Township officials agreed to leave the East Wayne Joint Fire District in 2018 and officially retired in 2019.

Hiring a new company

In February, the directors voted to contract with the law firm Buckingham, Doolittle & Burroughs in Canton with a $10,000 deposit to fight the legal battle, according to minutes of the Feb. 22 meeting.

The 2-1 decision saw Graber with the only draw vote. The resolution named Geiser as the township’s liaison with the company.

The minutes estimated the firm’s total hourly rate for a partner, partner and paralegal at $735. The alternative, Gallagher Sharp, would have cost a total of $535 per hour.

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Both had no conflicts of interest and determined the township had “a good record,” Geiser said after Monday’s meeting.

“Ultimately it was location dependent, so (Sharp) was in downtown Cleveland and Buckingham was in Canton,” Geiser said.

Graber said he voted no on Monday and in February because all of the directors, including himself, failed to review the contract.

“I also don’t want to pursue a lawsuit that could potentially cost taxpayers more money in the long run,” Graber said after the meeting.

Geiser said the fees were made public at the February meeting and contract information was available to administrators at the October meeting.

Legal battle over firefighters’ money

The lawsuit seeks to recover settlement money the township believes is owed to him since he left the East Wayne Fire District in 2019.

Both Graber and Geiser confirmed that the auditor determined the fire district owed the township approximately $2,800.

At the Feb. 22 meeting, Geiser said Baughman Township could get more than $50,000, while Kaufman said he could get up to $200,000 from the East Wayne Fire District.

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The auditor determines the amount owed based on ORC Section 505.371, which states “funds available, including ‘ambulance and’ emergency medical services funds, money, and taxes. “.

Geiser said that means distributing “available funds” to each of the participating members of the fire district.

“Our share was 58%, not $2,800,” he said. “Legal action was not our first move. We believe what we are doing is in the best interests of taxpayers.”

Graber said the legal battle could end up costing taxpayers more because it doesn’t guarantee the township more than $2,800 in funds.

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